TERMS OF USE

IMPORTANT INFORMATION – PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE!

Please read these Terms of Use (“Terms”) carefully. The following is a legal agreement between you (“user”) and Rachel Sorbet Portraiture (defined below), which governs your use of Products (defined below) obtained by purchase through this website at rachelsorbet.com, or any related domains or subdomains (the “Site”). In these Terms, use of the words “you”, and “your” refer to each individual user who may interact with this site, and “we”, “us” and “our” refer to Rachel Sorbet Portraiture Ltd, doing business as Rachel Sorbet Portraiture.

“Products” referred to by these Terms include but are not limited to: products resulting from photographic services any other documents provided for paid purchase or for which you supply personal information in exchange, including free downloaded material or other information available through the Site, obtained from Rachel Sorbet Portraiture. All such Products are the intellectual property of and are owned by Rachel Sorbet Portraiture.

By purchasing any Product, you agree to be bound by these Terms, without any other conditions or declarations. If at any time you do not agree with these Terms or find them otherwise unacceptable, please discontinue the use of Rachel Sorbet Portraiture’ Products immediately.

Understand that by using the Site, any Products, services or applications for which you tender payment or otherwise obtain through the Site, you warrant that you are at least 18 years of age and are otherwise legally able to enter into a valid contract.

WHAT WE DO

Rachel Sorbet Portraiture is a resource through which you may obtain portrait photography services.

PRIVACY POLICY

Rachel Sorbet Portraiture permits you to control the management of your personal information.

Rachel Sorbet Portraiture will only collect and otherwise access the information you voluntarily provide via email or through other direct contact initiated by you. Rachel Sorbet Portraiture will not sell or otherwise distribute this information to any other individual or entity, except its duly authorized agents, contractors, and other third parties that assist it in its business operations. Rachel Sorbet Portraiture is the sole manager of such information collected on the Site and will use such information to respond to you as necessary. You grant Rachel Sorbet Portraiture a worldwide, royalty-free, nonexclusive license to use, distribute, reproduce, modify, publish and translate this personal information solely as necessary to fulfill your request(s) or to enable your use of a particular Product or service, such as for shipping of Products.

INTELLECTUAL PROPERTY LICENSE

Rachel Sorbet Portraiture owns all intellectual property rights in
(a) all text, logo, images, headers, trademarks, service marks, design elements, and all other protected elements on the Site (except those licensed from others);
(b) any Products and portions therefore;
(c) all things otherwise provided to you as a part of Rachel Sorbet Portraiture, and;
(d) any other intellectual property rights afforded to Rachel Sorbet Portraiture, either through state or federal registration or as otherwise available at common law (“Intellectual Property”). Except as stated below, Rachel Sorbet Portraiture does not grant you any rights to any Intellectual Property contained within the Products or as may be available to you generally through the Site.

You agree not to make unauthorized use of or otherwise infringe upon Rachel Sorbet Portraiture's Intellectual Property in any way, and understand that it is your responsibility to ensure you refrain from doing so. Rachel sorbet Portraiture will take whatever legal action is necessary to protect its Intellectual Property in the event of such infringement and asks that you carefully manage your use of the Products, and any other downloaded materials or services to ensure compliance with these Terms.

So long as you comply with this Terms of Use, Rachel Sorbet Portraiture grants you a non-exclusive, non-transferable license to download, view, copy and print the Digital Products your purchased, provided that you:

(1) do not use the Products or otherwise offer them on any other website, through a networked computer environment, or otherwise offer them for distribution or sale or in any manner inconsistent with Permitted Use as provided by these Terms; and

(2) do not modify the Products in any way.

Please remember that it is your responsibility to download the Product immediately and securely back up all purchases. Rachel Sorbet Portraiture is not liable for any loss or damage to Products that occur after download or any customer’s inadvertent or mistaken download of a Product or free download such customer did not intend to purchase or download, and Rachel Sorbet Portraiture will not reimburse you for such downloads. Rachel Sorbet Portraiture will, one time, at your request, send a 24 hour access link to purchased products if you request a new download link after a prior purchase, having otherwise misplaced the download link originally supplied by Rachel Sorbet Portraiture.

CONTACT

By using the Site and entering personal information, you give Rachel Sorbet Portraiture permission to contact you via email, telephone, and by any other method for which you include contact information to provide you with information regarding specials, new Products and services or changes to the terms of the privacy policy. Should you prefer not to be contacted by e-mail, please let Rachel Sorbet Portraiture know by emailing us at contact@rachelsorbet.com and we will kindly refrain from doing so.

RETURN/REFUND POLICY

You acknowledge that physical Products purchased are non-refundable and not returnable, under any circumstances.

Portrait session fee is refundable only if portrait session is canceled with 14 or more days' notice.

LIMITATION OF LIABILITY AND INDEMNIFICATION

EXCEPT AS PROHIBITED BY LAW, RACHEL SORBET PORTRAITURE SHALL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR LOST PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF YOUR USE OF THE WEBSITE, MATERIALS OR PRODUCTS, INCLUDING ATTORNEY’S FEES AND RELATED EXPENSES OF LITIGATION AND ARBITRATION. EXCEPT AS PROHIBITED BY LAW, TO THE EXTENT THERE IS LIABILITY FOUND AS TO RACHEL SORBET PORTRAITURE, SUCH RECOVERY IS LIMITED TO THE AMOUNT YOU PAID FOR MATERIALS, PRODUCTS AND SERVICES.

GOVERNING LAW; VENUE

These Terms shall be construed in accordance with, and governed in all respects by, the laws of the state of Colorado. Any dispute between the parties concerning this Agreement shall be subject to the exclusive jurisdiction of the state and/or federal courts for the city of Westminster, CO. Rachel Sorbet Portraiture reserves the right to change or modify these Terms at any time without notice to You.

PRIVACY POLICY

Rachel Sorbet Portraiture Ltd, doing business as “Rachel Sorbet Portraiture”, “we” or “us”) is sensitive to concerns that personal information collected from its customers (“you” or “your”) be handled respectfully and appropriately. This Privacy Policy (the “Policy”) discloses the privacy practices for Rachel Sorbet Portraiture and applies solely to information collected by the website www.rachelsorbet.com including any related domains and subdomains (the “Site”). This Policy is intended to notify you of the following:

What personally identifiable information Rachel Sorbet Portraiture collects from you through the Site, how it is used and with whom it may be shared.
What choices are available to you regarding the use of your data.
The security procedures in place to protect the misuse of your information.
How you can correct any inaccuracies in the information.

What Information Is Collected?

Internet Traffic Data
Internet traffic data includes but is not limited to internet service provider information, collection of IP addresses, entry and exit pages, various operating systems and other such information. We collect no personally identifying information through this process, and it is used to help analyze user traffic with respect to various services available through Rachel Sorbet Portraiture to allow for a more customized and enjoyable user experience.

Cookies
We use “cookies” on this Site. A cookie is a piece of data stored on a site visitor’s hard drive to help us improve your access to our site and identify repeat visitors to our site. For instance, when we use a cookie to identify you, you do not have to log in a password more than once, thereby saving time and improving efficiency while on our site. Cookies can also enable us to track and target the interests of our users to enhance the experience on our site. Usage of a cookie is in no way linked to any personally identifiable information on our Site.

Personal Information

Rachel Sorbet Portraiture must collect some information from you (“Identifier Information”) to allow you to use and access services, products and materials. Identifier Information is only collected by your personally providing such information to Rachel Sorbet Portraiture via e-mail, by phone, or otherwise through Rachel Sorbet Portraiture website pursuant to making a purchase or requesting service.

Testimonials

Rachel Sorbet Portraiture may display personal testimonials of yours from time to time received via email or as otherwise received from you by Rachel Sorbet Portraiture. By using this website, you are accepting these Terms of Use and Privacy Policy and you give Rachel Sorbet Portraiture specific consent to use such personal testimonial. If you would like Rachel Sorbet Portraiture to remove your testimonial or customer review at any time, please simply contact us at contact@rachelsorbet.com, and we will promptly do so.

Information Collection, Use, and Sharing

We are the sole owners of the information collected on the Site. We only have access to/collect information that you voluntarily give us via email or other direct contacts from you. We will not sell, rent or otherwise share this information with any other individual or business entity, except as reasonably necessary to provide products, materials, or services to you.

We will use your information to respond to you, and will not share your information with any third party outside of our organization, other than as necessary to fulfill your request, e.g. to ship an order.

Unless you ask us not to, we may contact you via email in the future to tell you about specials, new products or services, or changes to this privacy policy.

Your Access to and Control Over Information

You may opt-out of any future contacts from us or request that we discontinue sending of email and other communications at any time by contacting us at contact@rachelsorbet.com.

Security

We take precautions to protect your information. When you submit sensitive information via the Site, your information is protected both online and offline.

Wherever we collect sensitive information, that information is encrypted and transmitted to us by secure servers. We have included common indications of such secured features when appropriate such as a closed lock icon at the bottom of your web browser.

While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment.

Orders

We request information from you on our order form. To buy from us, you must provide contact information (such as your name and shipping address) and financial information (like credit card number, expiration date). This information is used for billing purposes and to fill your orders. If we have trouble processing an order, we will use this information to contact you.

Third Parties

Please be aware that some of our business partners may use cookies or other methods of tracking and targeting use on our site (advertisers, for example). However, we have no access to or control over these cookies and this Privacy Policy does not extend to such third parties. Please be aware that we are not responsible for the content or privacy practices of such other Site. We encourage our users to be aware when they leave our site and to read the privacy statements of any other site that collects Identifier Information.

Surveys & Contests

From time-to-time, our site requests information via surveys or contests. Participation in these surveys or contests is completely voluntary and you may choose whether or not to participate and therefore whether or not to disclose information sought by such surveys or contests. Information requested may include contact information (such as name and shipping address), and demographic information (such as zip code, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the use and satisfaction of this site.

Updates

Our Privacy Policy may change from time to time and all updates will be posted on this page.